Jump to content

10 posts in this topic

Recommended Posts

Posted

As long as you marry within the 90 days, you can file for AOS at any point after marriage. There is no time limit to file.

 

After the 90 days of legal status are expired and you have not filed for AOS, you would be out of status and accruing unlawful presence until you file AOS.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Posted

On 11/13/2017 at 12:53 PM, geowrian said:

You can file after the 90 days....the main thing is being married within the 90 days.

 

Technically she will accumulate unlawful presence after the 90 days. Once she files for AOS, she has authorized stay and stops accumulating unlawful presence. Unlawful presence is ignored for AOS purposes as the spouse of a USC.

Spoiler

Aug 2011 - Arrived on F1 visa

09/06/2015 Started exchanging messages

10/13/2015 We met in person

07/01/2017 We got engaged!

10/31/2017 We got married!

11/08/2017 AOS Package (I-130, I-485, I-765, I-131) sent via USPS - Chicago Lockbox

                      (Priority Mail - USPS autocorrected zipcode to 60680-4187)

11/12/2017 Package delivered (Delayed due to USPS mistakenly took it to 60624 and Veteran's Day) 

11/13/2017 Received Date (Priority Date)

11/21/2017 Received 4 e-mails & 4 text notifications (01:30 AM EST); checks cashed

11/28/2017 Received 4 NOA1 hard copies

12/09/2017 Received Biometrics Appointment Letter (for i-485 and i-765)

12/21/2017 Biometrics Appointment

01/08/2018 **I-765 and I-131 Approved** (61 days)

01/16/2018 %%Received combo card%% (tracking shows USCIS sent it on Jan 11 from MO, then Jan 15 USPS closed for MLK day) 

01/20/2018 Received approval letters for EAD and AP

09/20/2018 Received text 'Interview was scheduled' and interview notice will be mailed

09/27/2018 Received Interview notice by mail

10/25/2018 Interview day

10/26/2018 I-485 case status updated to "We ordered your new card"

10/29/2018 Case Status updated to "We approved your Form I-485"

10/31/2018 Case Status updated to "We mailed your new card"

11/01/2018 My card was picked up by the USPS with tracking number assigned

11/05/2018 Green Card Received 

 

Side note: I turned my maiden name into second middle name. In the combo card, my given name is First Firstmiddleinitial, however on the back of the card, they attempted to list my second middle name. 

 

My application package:

Interview Experience:

 

 

Posted (edited)

There is no direct time limit, however after the 90 days, you are unlawful and subject to deportation and being banned (length dependent on how long you overstay). You also can't work, re-enter the US, or have a lawful status. The overstay is forgiven if/when you file AOS but if AOS isn't filed - there's a ban and deportation waiting. I would recommend filing sooner, rather than later.

Edited by GreatDane
Posted

We married before the 90 days. She was just worried about a time line because of how in depth the I-485 is to fill out. Also if we have filled out any thing incorrect do they make you pay the filling fee again? Asking because we went with Rapid visa for our K1 but figured we can do the AOS ourselves. 

 

 

 

Posted
11 minutes ago, Delandman said:

We married before the 90 days. She was just worried about a time line because of how in depth the I-485 is to fill out. Also if we have filled out any thing incorrect do they make you pay the filling fee again? Asking because we went with Rapid visa for our K1 but figured we can do the AOS ourselves.

You're fine to file at any time then. The sooner, the better....too many posts here on people that held off and are now dealing with complications (new medical needed, marriage issues, etc.).

 

If your filing is incomplete and rejected, you get the payment back. If the filing is complete but gets denied, then you would need to refile and pay a new fee. It's technically possible, but it is not SOP to outright deny a properly filed AOS application without issuing an RFE or NOID first. So if something is missing or they need something else, they would ask for it first.

 

I concur...you can do it yourself. :thumbs:

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

  • 5 weeks later...
Posted
On 11/15/2017 at 12:42 PM, geowrian said:

You're fine to file at any time then. The sooner, the better....too many posts here on people that held off and are now dealing with complications (new medical needed, marriage issues, etc.).

 

If your filing is incomplete and rejected, you get the payment back.

There was an error in our application- which was returned with our payment. We just resubmitted after correcting the error.

Due to the error, we ended up re-submitting later than we wanted (entered Nov 1 '16, Married Dec 17 '16, Filed AOS April 27 '17).

 

In what circumstances might one need a new medical? 

Don't want to get myself worried... from my understanding as long as you file for AOS before the medical expires (one year) one *should* be fine, right?

Posted
2 minutes ago, Avsiws said:

There was an error in our application- which was returned with our payment. We just resubmitted after correcting the error.

Due to the error, we ended up re-submitting later than we wanted (entered Nov 1 '16, Married Dec 17 '16, Filed AOS April 27 '17).

 

In what circumstances might one need a new medical? 

Don't want to get myself worried... from my understanding as long as you file for AOS before the medical expires (one year) one *should* be fine, right?

Sounds about right.

 

If it's over a year from the old medical, then a new medical is required. Generally, with adjustment from a K-1, they only go by when the I-485 is filed and not when it is approved. If they do need one, they'll ask for it at that time.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Posted
Just now, geowrian said:

Generally, with adjustment from a K-1, they only go by when the I-485 is filed and not when it is approved. If they do need one, they'll ask for it at that time.

Just to clarify- you're saying that if they need a new medical they'll ask for it when the I-485 is filed? 

Posted
Just now, Avsiws said:

Just to clarify- you're saying that if they need a new medical they'll ask for it when the I-485 is filed? 

They'll either send an RFE for it or will request it for the interview. But if you file the I-485 within a year of the old medical, I wouldn't worry about it.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
“;}
×
×
  • Create New...